Terms and conditions – Foodtree.ie

Table of contents:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Articele 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and warranty
Article 11 – Delivery and execution
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

Article 2 – Identity of the entrepreneur

Heartlands Nursery Trading as Foodtree
Gortavegha Circle
E-mail address: inquiries@foodtree.ie

Company no. 691994
Vat. 3804601NH

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
– the price including taxes
– any costs of delivery
– the way in which the agreement will be concluded and which actions are necessary for this
– whether or not the right of withdrawal is applicable
– the method of payment, delivery and performance of the contract
– the period for accepting the offer, or the period within which the trader guarantees the price
– the size of the tariff for distance communication if the costs for using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used
– whether the contract will be archived after its conclusion and, if so, the way in which it can be consulted by the consumer the way in which the consumer, before concluding the contract, can check and, if desired, rectify data provided by him as part of the contract
– any languages other than English in which the contract can be concluded
– the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically
– the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
– the visiting address of the establishment of the entrepreneur where the consumer can go with complaints
– the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal
– the information on guarantees and existing after-sales services
– the details included in article 4 paragraph 3 of these conditions, unless the trader has already provided the consumer with these details before the performance of the contract
– the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Article 6 – Right of withdrawal

On delivery of products:
1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the entrepreneur with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer should make this known by means of the model form or by another means of communication such as e-mail. After the consumer has expressed his wish to make use of his right of withdrawal, he should return the product within 14 days. The consumer has to prove that the delivered goods were returned in time, e.g. by means of a proof of dispatch.
4. If the customer has not made known his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraph 2 and 3, the purchase is a fact.

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, he shall bear at most the costs of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal. This is subject to the condition that the product has already been received back by the trader or that conclusive evidence of the complete return can be provided.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information on the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products
– that were created by the entrepreneur according to specifications of the consumer
– that are clearly of a personal nature
– that cannot be returned due to their nature
– that spoil or age quickly
– the price of which is subject to fluctuations on the financial market over which the trader has no influence
– for individual newspapers and magazines
– for audio- and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services
– concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period
– the delivery of which commenced with the consumer’s express consent before the expiry of the withdrawal period
– concerning bets and lotteries.

Article 9 – The prize

1. During the validity period stated in the offer, the prices of the products and/or services on offer shall not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
– they are the result of legal regulations or stipulations; or
– the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.

Article 11 – Delivery and execution

1. The entrepreneur shall take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer shall be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding the term gives the consumer no right to compensation.
5. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer paid as soon as possible, but at the latest within 30 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 13 – Payment

1. Payment shall be made immediately upon entering into the agreement.
2. paragraph 1. In the case of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
3. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
4. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
5. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer should in any case give the entrepreneur 4 weeks to solve the complaint by mutual agreement. After this period a dispute arises that is subject to the dispute settlement procedure.
5. If the complaint cannot be solved in mutual consultation, a dispute arises that is susceptible to the dispute settlement procedure.

Article 15 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions relate shall be governed exclusively by Irish law.

Article 16 – Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer on a durable data carrier.